MD Ehteshamuddin vs State Of West Bengal And Ors

Sabyasachi Bhattacharyya, J

The Court : Affidavit of Service filed in Court today be kept with the record. The petitioner has come up with a challenge against a criminal

proceeding initiated against the petitioner on the basis of a First Information Report, on the complaint of one alleged Saifullah Khan, son of Md.

Mukhtar Ahmed, whereas it is reflected in the charge-sheet that the name of the complainant remains the same but the father’s name and

address of the alleged Saifullah Khan differ from that of the complainant. Learned Counsel for the petitioner further relies on annexure D at page 35,

which is a communication by such Saifullah Khan, who is the alleged complainant, denying having lodged any such complaint at all. As such, the

petitioner argues, the complaint was lodged on the basis of a fictitious claim against the petitioner and the investigation was a mere eye-wash. Learned

Counsel for the petitioner thus prays for this Court to quash the FIR as well as the connected investigation.

Learned Counsel appearing for the State respondents submits that already a charge sheet has been filed and, whatever may be the merits of the

petitioner’s case, the petitioner can ventilate the said grievance before the concerned Magistrate.

Upon hearing both sides, it appears that the nature of grievances alleged by the petitioner are serious in nature and involve detailed examination of

materials and evidence, which is beyond the scope of this Court, under Article 226 of the Constitution of India. Since the petitioner has a better

remedy before the concerned Magistrate, challenging the offences in the charge-sheet and the circumstances behind lodging the same, where the

petitioner, in fact, would have the opportunity to canvas factual arguments as well, it would be unwise to interfere under Article 226 of the Constitution

of India, particularly at the mature stage where a charge-sheet has already been filed.

Accordingly, WP 123 of 2020 is disposed of by giving the petitioner liberty to approach the concerned Magistrate with all the grievances regarding the

charge sheet and the investigation, if any. If so approached, the said Magistrate will decide such objection of the petitioner upon hearing the concerned

parties and considering the materials on record on its own merits, without being influenced in any manner by any of the observations made in the

present order.

There will be no order as to costs.

Urgent certified copies of this order, if applied for, be made available to the parties upon compliance of requisite formalities.